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(영문) 부산지방법원 2014.02.12 2013가합17301
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 52,126,00,000 for the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On February 16, 2012, the Plaintiff: (a) from the Defendant’s office around February 16, 2012; (b) from the Busan Jung-gu, Busan, the Plaintiff: (c) the interior interior interior interior interior interior interior interior interior temotour (the trade name before modification: Emotour; hereinafter “instant building”); (d) the amusement facilities on the 7th floor of reinforced concrete structure, accommodation facilities, and the purpose of detached housing on the land owned by the Defendant; (c) the construction cost of the instant construction; and (d) the construction period from February 16, 2012.

3. From the end of 16, a contract was received;

B. On April 26, 2012, the Plaintiff agreed to increase the construction cost of the instant construction in KRW 280,000,000.

C. The Plaintiff performed the instant construction through Nonparty F, and completed the instant construction work in April 2012, which was completed by Nonparty F.

On February 29, 2012, the Defendant paid the Plaintiff construction cost of KRW 280,00,000,000 in total, and KRW 180,000,000 on April 27, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including, if any, additional evidence; hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings

2. The Plaintiff, while performing the instant construction work, made an oral agreement with the Defendant to increase the construction cost of the instant construction work in KRW 327,930,606, while making a judgment on the claim for damages, asserting that the Defendant is liable to pay the Plaintiff the remainder of KRW 47,930,606, which remains after deducting the fixed construction cost of KRW 280,00,000 from the fixed construction cost of KRW 327,930,60,606 (==327,930,606 - KRW 280,00,000) and delay damages. However, there is no evidence to acknowledge that the Plaintiff agreed to increase the construction cost as above, the Plaintiff’s claim for damages is without merit.

3. Judgment on the counterclaim

A. In full view of the results of the on-site verification by this court regarding the cause of the claim, the Plaintiff’s results of the expert G’s appraisal, the results of supplementary appraisal, and the results of fact inquiry (hereinafter “each result of the expert witness’s appraisal”), based on the overall purport of the pleadings, this is the Plaintiff’

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